Opinion
May 17, 1994
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
Contrary to petitioners' contention, the reassignment of a Transit Property Protection Supervisor from a Level I position to a Level II position does not require a competitive examination (Lenihan v. City of New York, 85 A.D.2d 562, affd on other grounds 58 N.Y.2d 679). An individual properly appointed to the permanent Civil Service Title of Transit Property Protection Supervisor may be assigned, at the discretion of the Transit Authority, to duties at either of two assignment levels and it is neither a promotion nor a demotion to shift assignments within the title since neither new skills nor new tasks are involved (cf., Engel v. City of N.Y., NYLJ, Apr. 8, 1977, at 6, col 5, mod on other grounds 66 A.D.2d 715, affd for reasons stated 50 N.Y.2d 861).
Concur — Murphy, P.J., Carro, Wallach, Asch and Tom, JJ.